Hello fellow Redditors.
Please don’t hate my opinion, and try to see things with an intellectual perspective! My views are my views alone, and I am merely supporting my own legal/social ideology, as my own way of trying to sort out this mess called “Cyprus issue”.
*Deep breath* – Here goes –
Regarding this article [https://www.ant1.com.cy/news/cyprus/article/460548/tatar-na-ginoun-pliros-apodekta-kuriarhiki-isotita-kai-iso-diethnes-kathestos/?expandedarticle=true](https://www.ant1.com.cy/news/cyprus/article/460548/tatar-na-ginoun-pliros-apodekta-kuriarhiki-isotita-kai-iso-diethnes-kathestos/?expandedarticle=true)
Mr Tatar calls upon the constitution and the equality between Greek and Turkish Cypriots. He also comments that Cyprus was part of the Ottoman empire for 400 years (Which I will not even comment, given the historical gap EVERYONE misses out on).
I strongly disagree on this point: According to Mr. Tatar, “it is in the interest of both the Turkish and Greek Cypriots to recognize the reality on the island. The reality is the existence of two different peoples on the island, T / C and E / K “, adding that” we T / C do not accept to be an authority under the Republic of Cyprus. We do not want to be a minority on the island. ”
However, I also strongly agree with this point: Regarding those who have property “either in the south or in the north”, Mr. Tatar said that “the Cyprus issue is a complex issue” and “when it comes to human rights and property rights, we recognize the problem”. He referred to a “general exchange” and referred to the “real estate committee” saying it was assessing the situation.
Regarding the point in which I agree on, I would like to say “Shame” on the politicians on the RoC side. My side. What Mr Tatar proposes, no matter how illegal it may be on the “TRNC” pseudostate part, it is the way to go.
It would be wise for the RoC to propose a committee with as much budget as needed, to mediate between refugee Cypriots in order to solve the property issue first. The solving of whether we need a bicommunal state, or another form of federation should come later on.
Now, I consider it wise to *again* quote a part of my legal dissertation (made 3 years ago) but which (surprise, surprise) says what the politicians and civilians are too afraid to share.
Even though the quoted argument is in regards to the Freedom of Movement on the island, it also corresponds to the Protection of Properties issue.
Here you go:
“And this elaborates to the next issue, and quite controversially the biggest one of them all regarding the freedom of movement.
Despite the fact that “Green Line” separates legally the two communities, when one passes to the “TRNC” side, they enter a grey area in law.
According to legal precedent,[[1]](https://www.reddit.com/r/cyprus/submit#_ftn1) the legal remedies available in “TRNC” are to be considered domestic remedies of Turkey.[[2]](https://www.reddit.com/r/cyprus/submit#_ftn2)
However, the international community and the Government of Cyprus do not formally and legally acknowledge the sovereignty of “TRNC” as a legal state.
There might be a legal system, and a viable-up-to-a-point structure of society similar to Cyprus, but unless “TRNC” is recognised by the international communities, its legal system is no more than a mere duplicate of the legal system of Turkey, backed by its remedies as well as supervision.
With that in mind, what happens legally when someone passes and enters legally via one of the roadblocks of the “Green Line” onto the “TRNC” is a debatable matter.
Technically, they are still governed by the laws of the Republic of Cyprus, as set out in the Constitution which passed in 1960. However, practically they are governed by an illegal legal system, which has a set of rules that only duplicates those of Turkey.[[3]](https://www.reddit.com/r/cyprus/submit#_ftn3)
Let’s assume that someone tries to move from the “TRNC” to the Government of Cyprus.
They undoubtedly have the right to freely move, but even on paper, momentarily it can be said that (1) the legality of “TRNC” is recognized so that the wording of the freedom of movement is grasped, or (2) that the jurisdiction of the Government of Cyprus is extended to even the area of “TRNC” so that people living there can freely and legally claim their right to freedom of movement. Which one of the above stands true, until the writing of this essay, has never fully be explored legally (only briefly in political negotiation talks between the two communities).
The option saying that Turkey holds jurisdiction on the “TRNC” area, is not recognized and as such it is not a viable nor a correct answer to the above question.
To further stretch this subject, in the case of *Andreou*[[4]](https://www.reddit.com/r/cyprus/submit#_ftn4), a woman on the Southern side of the island was shot by armed men on the Turkish occupied side and in the case of *Solomou*[[5]](https://www.reddit.com/r/cyprus/submit#_ftn5) a man who illegally trespassed the Buffer zone was eventually killed by shots coming from the Turkish occupied side.
These are a few examples to set the point that, on their judgement, the ECtHR examines Article 2 to the full capacity of its jurisdiction, however, not even for the sake of argument did they bring forth the point as to whether the people on the Turkish occupied side were illegally there on the first place.
As a result, to the above, it is even debatable whether the right of freedom of movement is a right lawfully belonging to citizens of the “TRNC”.
Any citizen of Cyprus is legally entitled to freedom of movement, and so does any human being in Cyprus deserves freedom of movement based on natural law theory.
However, it is undeniable that “TRNC” cannot function with its current attitude. The government of Cyprus is the legal entity which governs the island of Cyprus and as such the Turkish Cypriots deserve equal rights as Greek Cypriots.
However, the “TRNC” and the Turkish occupation in Cyprus are illegal, hence any rights which can legally be acquired by the citizens of “TRNC” cannot exist, because simply, are illegal. This is a grey area of law and it is only covered partially after the rationale of *Cyprus v Turkey*[[6]](https://www.reddit.com/r/cyprus/submit#_ftn6)*.”*
[[1]](https://www.reddit.com/r/cyprus/submit#_ftnref1) *Cyprus v. Turkey*, Application no. 25781/94 [2001] ECtHR (10 May 2001)
​
[[2]](https://www.reddit.com/r/cyprus/submit#_ftnref2) Ibid, ss 89-102
​
[[3]](https://www.reddit.com/r/cyprus/submit#_ftnref3) *Kallis and Androulla Panayi v. Turkey* – 45388/99 [2009] ECtHR 1662 (27 October 2009), para 32
​
[[4]](https://www.reddit.com/r/cyprus/submit#_ftnref4)*Andreou v. Turkey*, Application No. 45653/99 [2009] ECtHR (27 October 2009)
​
[[5]](https://www.reddit.com/r/cyprus/submit#_ftnref5) *Solomou and others v. Turkey*, Application No. 36832/97 [2008] ECtHR (24 September 2008)
​
[[6]](https://www.reddit.com/r/cyprus/submit#_ftnref6) *Cyprus v. Turkey*, Application no. 25781/94 [2001] ECtHR (10 May 2001)
2 comments
I’m not going to comment on the specific legalistic issues because I’m not a lawyer.
But I want to comment that I think framing the issues as legalistic in nature is a dead end. I mean we are where we are because a whole bunch of laws are being ignored – from the original constitution to UN resolutions to the treaty of guarantee to international courts etc. So I can’t see more legislation being the solution.
The big issue is that regardless of the legalistic outcome, its implementation depends on the coercive power of whichever parties are involved to compel the other to comply with whatever rulings. In this case the power dynamic is so asymmetrical that it renders any legal decisions pointless insofar as compliance is concerned.
To paraphrase Hobbes – covenants, without the sword are only words, and of no strength to secure a man at all.
Which I think aptly describes the situation we find ourselves in now.
>However, it is undeniable that “TRNC” cannot function with its current attitude. The government of Cyprus is the legal entity which governs the island of Cyprus and as such the Turkish Cypriots deserve equal rights as Greek Cypriots.
​
you see this is where I disagree with you, no one is saying that Turkish Cypriots don’t have equal rights to Greek Cypriots. the narrative that TRNC and TC are one and the same is flawed. what they are saying is that the TRNC isn’t a recognised sovereignty.